Short-term employees are employees who work for a limited period of time. Short-term employment is limited to either 3 months or a maximum of 70 working days. Short-term employment is always fixed for a fixed period in advance.
The requirements for short-term employment
In addition to the previously defined time period for short-term employment, there are a few other requirements. However, additional requirements must also be met in terms of duration.
Short-term employment is also limited to 3 months or 70 working days if it exceeds one year. If the short-term employment begins in December and lasts until February, the time limit may not be exceeded. The regulation therefore does not apply to the relevant year, but always to the relevant employment.
It is also possible to work several short-term jobs at the same time. However, even then the time limit must be observed. Taken together, all short-term employment must therefore not last longer than 3 months or 70 working days.
Short-term employment must always be contractually defined as such before it begins. It is therefore not possible to shorten an employment contract retrospectively and work as short-term employment.
For example, if a restaurant hires a temporary waiter for an indefinite period and ends the employment relationship before either the 3 months or the 70 working days have been reached, then this is not automatically short-term employment. It remains a purely temporary position until the end.
Another period is also important when it comes to short-term employment. As there must be no regularity, there must always be a period of at least 2 months between two short-term jobs.
If the activity is aimed at repetition, short-term employment is not possible. In this case, part-time employment or another form of employment is required.
No professional status for short-term employment
Not everyone is allowed to work in short-term employment. There are also clear legal regulations for this.
Short-term employment may not be carried out on a professional basis. This means that the employee may only carry out short-term employment alongside a main job. It is therefore always a secondary activity.
However, not only permanent positions in companies are considered to be the main occupation. This also includes studies, schooling and retirement.
Here you will find an overview of the people who are permitted to work in short-term employment:
- Pupils
- Students (also between school and university)
- Apprentices
- Pensioner
- Civil servants
- Employed full-time or part-time
- Self-employed
- Housewives
Short-term employment is not possible if one of the following cases applies:
- you are receiving unemployment benefit I or II
- the employee is on parental leave
- during the period between school and training
- during the period between training and studies
- during the period between studies and employment
Vacation and sick leave
This is probably new information for many people: The statutory regulations for vacation and sick leave also apply to short-term employment.
In concrete terms, this means that an employer is entitled to one twelfth of the regular annual leave after a full month of employment. In addition, accident insurance is taken out through the employer, as is usual in the employment relationship. This also includes continued payment of wages in the event of illness. This is available after 4 weeks of employment.
However, social insurance does not apply to short-term employment. This means that no contributions are paid to the pension fund.
Short-term employees must be registered and deregistered by the employer with the mini-job center. If the duration of employment exceeds the specified period, a mini-job would be the next option. This may be carried out for an unlimited period of time, but may not exceed a monthly remuneration of 450.00 euros.
Conclusion
Short-term employment is a good option if you are looking for temporary help for a short period of time. Short-term employment may not last longer than 3 months or 70 working days. The statutory regulations must be complied with, otherwise it is a different type of employment relationship.
